Deck 1: Introduction and General Principles

Question 1

In terms of criminal law theory, what is the fundamental rationale for criminalizing conduct?

A) Immorality
B) Harm to others or to oneself
C) Anti-social conduct
D) Dishonesty

Answer 1

B

Question 2

Which of the following cases were NOT concerned with the inter-relationship of the criminal law and morality?

A) Shaw
B) Knuller
C) Brown
D) R (on the application of McCann) v Manchester Crown Court

Answer 2

D

Question 3

Which of the following is NOT a regulatory offence?

A) Failure to pay income tax
B) Driving without due care and attention
C) Burglary
D) Failure to maintain a safe system of work

Answer 3

C

Question 4

Which of the following represents the ratio of Woolmington [1935]?

A) A person wishing to rely on a defence must prove it.
B) The legal burden of proof is on the prosecution on a balance of probabilities.
C) A defendant who has committed a guilty act must be presumed guilty.
D) The legal burden of proof is on the prosecution beyond all reasonable doubt subject to the defence of insanity and certain statutory defences.

Question 5

Which of the following is an either way offence?

A) Assault
B) Murder
C) Theft
D) Robbery

Question 6

The prosecution wish to appeal on a point of law from a case heard at the High Court on appeal from the magistrates' court.
To which court should they appeal?

A) The Supreme Court
B) Court of Appeal
C) Crown Court
D) Divisional Court

Question 7

What is the hearing called for determining jurisdiction in the magistrates' court for an offence triable either way?

A) Committal proceedings
B) Plea and Case Management Hearing
C) Plea before Venue
D) Mode of Trial

Question 8

Which Article of the European Convention on Human Rights protects the presumption of innocence?

A) Article 2
B) Article 3
C) Article 6
D) Article 5

Question 9

Which Article of the European Convention on Human Rights protects the right to privacy?

A) Article 11
B) Article 7
C) Article 10
D) Article 8

Question 10

In relation to which section of the Human Rights Act 1998 must all legislation, if possible, be interpreted so as to be compatible with the ECHR?

A) S3.
B) S6.
C) S7.
D) S1.